The long-awaited appeal in Cam v Belsner concerning what and how solicitors can charge their clients started and then stopped abruptly this week. Despite being foreshadowed in the appellant’s Grounds of Appeal and Skelton Argument, it became clear during the hearing that that the question raised – whether a retainer (CFA) entered into in an RTA claim that settled in the portal was a contentious or non-contentious agreement – deserved more scrutiny by the Court of Appeal than the time allotted, resulting in the appeal being adjourned to dates tbc (but this side of summer). The proper categorisation of the solicitor’s retainer is critical because of the differing approaches to charging clients.
Continue readingCategory Archives: Damages
Judicial review of Government response to COVID in care homes: imminent hearing in England & significant developments in Scotland
Last November we reported on Mr Justice Linden’s decision to grant permission for judicial review on all grounds of the UK government’s policies and measures which had a bearing on the protection of care homes during the COVID-19 pandemic. The claim, which relates to patient discharge policy in England, will be heard later this month. In respect of Scotland, recently released information by public health authorities appears to acknowledge some important difficulties there in the early part of last year. This blog explores the key issues in both jurisdictions and sets the scene for the (English) judicial review later this month.
Continue readingProposal at the Scottish Parliament for a Scottish Employment Injuries Advisory Council Bill
A recently-proposed Member’s Bill at the Scottish Parliament would, if enacted, set up a new Scottish Council to “research, shape and scrutinise the social security available to people injured in the course of their employment”, with a continuing duty to advise and recommend changes. The proposal will only proceed to the three-stage Scottish legislative process if it attracts cross-party support from at least 18 MSPs in addition to its proposer, Mark Griffin MSP (Scottish Labour).
Continue reading